1-1                                   AN ACT

 1-2     relating to the line of vegetation in an area of public beach near

 1-3     certain seawalls.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 61.017(c)(1), Natural Resources Code, is

 1-6     amended to read as follows:

 1-7           (c)(1)  In an area of public beach where a seawall structure

 1-8     constructed in its entirety as a single structure of one design

 1-9     before 1970 and continuously maintained with a height of not less

1-10     than 11 feet above mean low tide interrupts the natural line of

1-11     vegetation for a distance not less than 4,000 feet nor greater than

1-12     4,500 feet, the line of vegetation is along the seaward side of the

1-13     seawall for the distance marked by the seawall, provided that prior

1-14     to September 2, 1997 [December 31, 1996]:

1-15                       (A)  a perpetual easement has been granted in

1-16     favor of the public affording pedestrian, noncommercial use along

1-17     and over the entire length of the seawall and adjacent sidewalk by

1-18     the general public;

1-19                       (B)  fee title to the surface estate to an area

1-20     for public parking and other public uses adjacent to the seawall

1-21     has been conveyed to and accepted by a public entity, which area

1-22     contains sufficient acreage to provide at least one parking space

1-23     for each 15 linear feet of the seawall, is located within the

1-24     center one-third of the length of the seawall or not farther than

 2-1     300 feet from that center one-third, and has frontage on the

 2-2     seawall for at least  300 linear feet; and

 2-3                       (C)  permanent roadway easements exist within

 2-4     1,000 feet of each end of the seawall affording vehicular access

 2-5     from the nearest public road to the beach.

 2-6           SECTION 2.  Any court judgment in effect on the effective

 2-7     date of this Act regarding  circumstances described by Section

 2-8     61.017(c)(1), Natural Resources Code, as amended by this Act, is

 2-9     modified by that section, as amended, to the extent that the

2-10     judgment is in conflict with that section.

2-11           SECTION 3.  This Act takes effect September 1, 1997.

2-12           SECTION 4.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2847 was passed by the House on April

         25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2847 was passed by the Senate on May

         12, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor